Delaj v. Bronx Park East Housing, Inc.

134 A.D.3d 436, 19 N.Y.S.3d 734

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 3, 2015
• Docket: 16270 302593/10
• Status: Published

Opinion

Order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered March 9, 2015, which denied defendant’s motion to, among other things, renew plaintiffs’ motion for summary judgment on their rent overcharge complaint, unanimously affirmed, with costs.

The motion court properly denied defendant landlord’s third motion to renew, as it failed to show that nonpayment of rent was unknown or incapable of discovery at the time plaintiffs moved for summary judgment (see Martin v Triborough Bridge & Tunnel Auth., 182 AD2d 545, 545 [1st Dept 1992], amending 180 AD2d 596 [1st Dept 1992]). Further, defendant improperly submitted a rent ledger for the first time in its reply papers (see Rhodes v City of New York, 88 AD3d 614, 615 [1st Dept 2011]). We have considered defendant’s remaining contentions and find them unavailing. Concur — Tom, J.P., Sweeny, Andrias and Gische, JJ.